License Agreement

3DKITBASH/3DKTOYS LICENSE AGREEMENT

3DKitbash is also known as 3DKToys. All terms of this license agreement apply to all 3DKitbash and 3DKToys models and products. Throughout this agreement, 3DKitbash and 3DKToys will be referred to as “3DKitbash/3DKToys”.

By clicking the "Add to Cart” links found on the 3DKitbash.com or 3DKToys.com website, or by opening a "Download link" containing 3DKitbash/3DKToys model files, you agree to the terms of the 3DKitbash/3DKToys End User License Agreement. This is a contract between you and 3DKitbash/3DKToys. Please note that this is a license to use 3DKitbash/3DKToys models, NOT an agreement of ownership. This license is non-transferable. If you do not agree to the terms, you are not permitted to use 3DKitbash/3DKToys models. Please read the terms carefully:

Limited License:

Upon payment of the non-refundable license fee, 3DKitbash/3DKToys grants you a non-exclusive, non-transferable, limited right to use 3DKitbash/3DKToys models for personal or commercial use by you at a single, geographical location (the "Licensed Location"). You may not store 3DKitbash/3DKToys models on a file server that can be accessed via the Internet or other external network system by computers and printers not located at the Licensed Location.

Permitted Copies:

You may not duplicate or copy 3DKitbash/3DKToys models except as needed to use it as expressly permitted by this Agreement. You may make one (1) copy of 3DKitbash/3DKToys models for backup purposes. You may make an additional copy in a file format readable by 3D Printers, for the purpose of being 3D Printed at your Licensed Location. All permitted copies you make must contain the exact copyright, trademark and other proprietary notices that appear on and/or in the model including all related documentation.

Intellectual Property Rights:

You acknowledge and agree that 3DKitbash/3DKToys models and permitted copies, and the trademarks associated with 3DKitbash/3DKToys, are the intellectual property owned by 3DKitbash/3DKToys. 3DKitbash/3DKToys models are protected by copyright including without limitation, by United States Copyright Law, international treaty provisions, and applicable laws in the jurisdiction of use.

You may not copy 3DKitbash/3DKToys models except as provided under the "Permitted Copies" provision above.

License Transfer; Service Bureaus:

You may not rent, lease, sublicense, distribute, lend nor transfer 3DKitbash/3DKToys models, or any copy or portion of 3DKitbash/3DKToys models, without 3DKitbash’s/3DKToys's prior written consent.

No Other Use:

You are granted only the rights expressly stated in this Agreement, and you may not use 3DKitbash/3DKToys models for any other use. Without limitation, below are examples of uses that are NOT permitted under this Agreement and require purchase of a separate license from 3DKitbash/3DKToys:

1. You may not share 3DKitbash/3DKToys models with other business entities (e.g. your advertising agency, dealer, subsidiary, parent company, service bureau, etc.)2. You may not use 3DKitbash/3DKToys models at more than one physical location3. You may not change the name of 3DKitbash/3DKToys models4. You may not resell or redistribute 3DKitbash/3DKToys models

Pre-Printed 3DKitbash/3DKToys Models: Allowance, 2/27/2014 - We reserve the right to change this at any moment, without warning.

After Printing our 3DKitbash/3DKToys 3D files it is not uncommon for the newly printed models to be used to demonstrate your 3D printing capabilities, be it for private and/or commercial use. We know and appreciate this and have tried to set up a system of understanding on what we think is acceptable usage and what we consider not acceptable usage of these printed models.

Type of Users:

Private - Generally referred to as a hobbyist; this Individual uses pre-printed 3DKitbash/3DKToys models as a means to experiment, test, create art, and entertain with no intent to sell or create financial gain in anyway.

Hobbyists may sell fabricated versions of 3DKitbash/3DKToys models on a small scale.î We define “small scale” as up to 20 models. To legally sell more than 20 models from any kit, please contact 3DKitbash/3DKToys at contact@3DKitbash.com to enter into a commercial license agreement.

If you do intend to demonstrate your abilities and/or sell your pre-printed 3DKitbash/3DKToys models in an online or physical store or at an event, let us know at contact@3DKitbash.com. We can help promote your efforts and sell more!

Acknowledgment:

Please acknowledge 3DKitbash/3DKToys models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.

3D models designed by 3DKitbash/3DKToys

NOTE: Acknowledgment signage can be found in the Terms of Use section of the 3DKitbash/3DKToys website for download for your convenience. See www.3DKitbash.com or www.3DKToys.com.

Please, contact 3DKitbash/3DKToys at contact@3DKitbash.com to enter into a unique commercial or educational license agreement OR Renew Your Purchase if you meet or exceed the allotted printing quota for your User Type.

Commercial & Educational - Any entity (for-profit/non-profit business or individual) that intends to sell, or has sold, pre-printed 3DKitbash/3DKToys models with the goal of financial gain, and/or uses pre-printed 3DKitbash/3DKToys models to demonstrate current production abilities and techniques with the intent or purpose of gaining future business.- 20x Printing quota per downloaded, on all kit-included elements.

If you do intend to demonstrate your entity's abilities and/or sell your pre-printed 3DKitbash/3DKToys models in an online or physical store or at an event, let us know at contact@3DKitbash.com. We can help promote your efforts and sell more!

Acknowledgment:

Please acknowledge 3DKitbash/3DKToys models when you are using them to promote a product, displaying them, or selling fabricated models, using the information below.

3D models designed by 3DKitbash.com/3DKToys.com

NOTE: Acknowledgment signage can be found in the Terms of Use section of 3DKitbash’s website for download for your convenience.

Termination:

The license rights granted under this Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination, you must destroy all copies of 3DKitbash/3DKToys Files / Artwork / 3D Files. The balance of the Agreement shall survive any such termination of license rights.

Warranty:

3DKitbash/3DKToys warrants that 3DKitbash/3DKToys models will perform as outlined in the user documentation in effect at the time of the commencement of this license. 3DKitbash/3DKToys will correct substantial malfunctions occurring during this warranty period provided that such malfunctions are reproducible, your product is properly registered, and you give immediate notice and sufficient detail of such malfunctions to 3DKitbash/3DKToys. 3DKitbash/3DKToys will have no responsibility in the event you fail to provide proof you licensed 3DKitbash/3DKToys models from 3DKitbash/3DKToys.

Disclaimer; No Refunds:

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING PARAGRAPH, 3DKITBASH/3DKTOYS MODELS ARE PROVIDED "AS IS." 3DKITBASH/3DKTOYS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING 3DKITBASH/3DKTOYS MODELS. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH MAY NOT BE LIMITED OR EXCLUDED BY LAW APPLICABLE IN YOUR JURISDICTION, 3DKITBASH/3DKTOYS MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO OTHER MATTERS, INCLUDING WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your license for 3DKitbash/3DKToys models is nonreturnable and nonrefundable.

Damages; Limitations:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 3DKITBASH/3DKTOYS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE 3DKITBASH/3DKTOYS MODELS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF 3DKITBASH/3DKTOYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 3DKitbash’s/3DKToys’s cumulative liability for any loss or damage to you (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

Governing Law:

This Agreement is governed by the laws of Florida, U.S.A., excluding conflict of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly agree that any disputes related to this Agreement will be resolved in a West Palm Beach [[District]] Court, located in Palm Beach County, Florida, U.S.A., either the Court of Common Pleas in Palm Beach County Florida or the United States District Court for the [[Southeast]] Southern District of Florida, located in Miami, Florida, U.S.A., and you consent to personal jurisdiction and venue of those courts. If any part of this Agreement is found void and unenforceable the balance of the Agreement will remain valid and enforceable according to its terms.

This Agreement represents the entire agreement between you and 3DKitbash/3DKToys in connection with its subject matter. This Agreement supersedes any other "3DKitbash/3DKToys End User License Agreement" which may be included with 3DKitbash/3DKToys models or previously displayed on this web site, and/or any prior agreements between you and 3DKitbash/3DKToys in connection with its subject matter. This Agreement may only be modified by 3DKitbash/3DKToys in a writing that expressly states that such writing is intended to modify this Agreement.

Governing 3DKitbash/3DKToys:

3DKitbash/3DKToys is a Florida company with a mailing address of: 5600 Flagler Drive, Suite 1604, West Palm Beach Florida, 33407. All support requests, completed registrations and other inquiries should be sent to: Contact@3DKitbash.com